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Supreme Court Cases: Constitutional Issues, Majority Decisions, and Lasting Impacts
Case
(Year)
Constitutional Issue
Majority Decision
Lasting Impact
Marbury v.
Madison
(1803)
Does the U.S. Supreme Court
have the right to review and
interpret laws made by
Congress to determine their
constitutionality?
Yes. The U.S. Supreme Court
may review and interpret laws
made by Congress to determine
their constitutionality (called
judicial review).
The U.S. Supreme Court has the
power of judicial review over
laws and acts of Congress,
actions of the president, and
laws and actions of state and
local governments.
Plessy v.
Ferguson
(1896)
Is segregation (separating
people due to race) legal
considering that the
Constitution says everyone
must be treated equally?
Yes, under the Constitution
segregation is legal if the races
are treated equally.
Created the “separate but
equal” doctrine which allowed
segregation laws to continue
for years afterwards.
Brown v.
Board of
Education
(1954)
Are segregated schools for
black and white children legal
under the Constitution?
No, segregated schools are not
equal, since schools for black
children were never equal to
schools for white children.
Ended the “separate but
equal” doctrine; was the
beginning of the end for
segregation.
Yes, under the 6th
Amendment states must
provide an attorney to
criminal defendants who
cannot afford one, in any type
of case.
Yes, under the 5th and 6th
Amendments, police must
inform suspects of their right
to remain silent, and to have
an attorney present, during
questioning.
Gideon v.
Wainwright
(1963)
Do states have to provide an
attorney to all defendants who
cannot afford one, in every
type of criminal case?
States must now provide an
attorney to any criminal
defendant who cannot afford
one.
Miranda v.
Arizona
(1966)
Do police need to inform
suspects of their right to
remain silent before
questioning them?
In re Gault
(1967)
Should juvenile (persons
under 18) criminal suspects
receive the same due process
rights that adult criminal
suspects receive?
Yes, under the 14th
Amendment all states must
provide juvenile criminal
suspects with the same due
process rights as adults.
All juvenile criminal suspects
are given the same due
process protection as adults
(right to remain silent, right
to an attorney, etc).
Tinker v.
Des Moines
(1969)
Do students in schools have
the 1st Amendment
protections of free political
speech (symbolic expression)?
Yes, students in schools are
protected by the 1st
Amendment for free political
speech (symbolic expression).
Students may express their
political views in school;
symbolic speech is protected
by the 1st Amendment.
U.S. v.
Nixon
(1974)
Does the president have
executive privilege (keeping
conversations with aides
private) in all situations?
No, the president’s executive
privilege is not protected in
“general discussions,” such as
the one concerning the
Watergate scandal.
Even the president is not
above the law. President
Richard Nixon resigned under
the threat of impeachment
after the case.
Hazelwood
v.
Kuhlmeier
(1988)
Are students’ articles in
school newspapers protected
under the 1st Amendment
freedom of the press?
No, articles in school
newspapers are subject to the
review and approval of the
principal, since they represent
the school, not an individual.
School principals may reject
all or part of a school
publication if it does meet the
school’s standards.
Police must read criminal
suspects the Miranda rights
when taking them into
custody, and before
questioning them.
Case (Year)
Bush v. Gore
(2000)
District of
Columbia v.
Heller
(2008)
Constitutional Issue
Did the U.S. Supreme Court have
the right to rule on the
constitutionality of a vote
recount in a presidential
election?
Do people living in the federal
District of Columbia (D.C.) have
the right to keep firearms in their
homes for traditionally lawful
purposes?
Majority Decision
Yes, the court ruled that the vote
recount was unconstitutional
because the method of
recounting votes was not
consistent.
Yes. The 2nd Amendment states
that individuals have the right to
keep firearms for traditionally
lawful purposes, such as home
defense.
Lasting Impact
The vote recount was stopped
and George W. Bush won the
2000 presidential election.
People in D.C. may keep firearms
in their homes for self-defense.
A later case would apply this to
all the states.
Structure and Function of the Courts
U.S. Federal Court System


Circuit Courts of Appeal (13)




Have appellate jurisdiction: the authority to hear
cases from a lower court
A panel of 3 judges review the fairness of district
court trials
They can vote to uphold (keep) the district court’s
verdict; or reverse it; or remand it (send it back to
the district court to be tried again)
Judges are appointed by the president and
confirmed by the Senate
District Courts (Trial Courts) (94)






Have original jurisdiction: the ability to hear
criminal and civil cases for the first time
Criminal case: the government tries a person
suspected of committing a federal crime (i.e. bank
robbery, terrorism)
Civil case: a dispute between two people or two
groups (usually over money or patents)
One judge oversees a case
The court determines the facts of a case by hearing
witness testimony and reviewing evidence
The judge or a jury decides the guilt or innocence
of the defendant
APPEALS



APPEALS

Has both original jurisdiction (in state vs. state
cases, cases involving foreign diplomats, and cases
involving treaties with other countries) and final
appellate jurisdiction (from federal appeals courts
and state supreme courts)
Judicial review: the power to decide the
constitutionality of a law or act of Congress, an action
by the executive branch, or state laws or actions
Issues Writs of Habeas Corpus: police must bring
a prisoner before a judge to explain why they are
being held
Nine justices; simple majority to win
Justices appointed by the president and
confirmed by the Senate; serve for life
Supreme Court (1)
Has final appellate jurisdiction within the state
Reviews final death sentence orders
Issues Writs of Habeas Corpus
Reviews district court of appeals decisions that
declare a part of the state constitution invalid
Seven justices; simple majority to win
Judges appointed by the governor for 6 year
terms; retained (kept) by the voters for additional
terms
District Courts of Appeal (5)




Have appellate jurisdiction within their district
A panel of 3 judges review the fairness of circuit
court trials
They can vote to uphold or reverse a circuit
court’s verdict, or remand a case back to a circuit
court
Judges appointed by the governor for 6 year
terms; retained by the voters for additional terms
Circuit Trial Courts (20)
APPEALS





APPEALS
Supreme Court (1)
Florida State Court System
APPEALS








Have general jurisdiction: the ability to hear
most criminal and civil cases
Hear cases involving felony (serious) crimes (i.e.
murder and armed robbery) and civil cases over
$15,000
Hear cases involving juveniles
Hear appeals from county courts
Judges are elected by the voters for 6 year terms
One judge presides over a case
The court determines the facts of a case by
hearing witness testimony and reviewing evidence
The judge or a jury decides the guilt or
innocence of the defendant
County Trial Courts (67)




Hear cases involving misdemeanor (less serious)
crimes and civil cases under $15,000
Judges are appointed for 6 year terms
One judge oversees a case
Many non-jury trials take place in county courts
Basic Trial Process // Step 1: Opening Statements >>> 2: Evidence and Witness Testimony >>>
3: Closing Statements >>> 4: Jury Deliberation >>> 5: Verdict
Civics EOC Exam Tutorials: U.S. Supreme Court Cases
Questions Sheet
(These are sample questions based on Civics EOC Item Specifications; not the actual exam questions.)
Beneath each question, explain why you think that your answer is the correct one.
1.
What lessons did future U.S. leaders learn from the 1974 U.S. Supreme Court case United States v. Nixon?
a.
b.
c.
d.
The president is accountable for obeying the law.
The president is responsible for enforcing the law.
The president is not allowed to hold secret talks with foreign governments.
The president is not allowed to have private meetings with cabinet members.
2. Which principle was the focus of the U.S. Supreme Court decision in Miranda v. Arizona (1966)?
a.
b.
c.
d.
3.
States must pay for public defenders as a result of which U.S. Supreme Court case?
a.
b.
c.
d.
4.
Administrators may limit the content of student publications.
Public school districts that segregate deny equal protection.
Students have a reduced expectation of privacy in school.
Criminal defendants have the right to an attorney.
Which U.S. Supreme Court decision addresses the need for public schools to balance students’ rights with principals’
responsibilities?
a.
b.
c.
d.
6.
District of Columbia v. Heller (2008)
Hazelwood v. Kuhlmeier (1988)
Gideon v. Wainwright (1963)
Miranda v. Arizona (1966)
Which was an outcome of the U.S. Supreme Court decision in Brown v. Board of Education (1954)?
a.
b.
c.
d.
5.
Freedom of expression
Freedom of speech
Self-incrimination
Right to counsel
Hazelwood v. Kuhlmeier (1988)
Gideon v. Wainright (1963)
Plessy v. Ferguson (1896)
Bush v. Gore (2000)
Juveniles accused of crimes continue to be afforded many of the same due process rights as adults as a result of which
U.S. Supreme Court case?
a.
b.
c.
d.
District of Columbia v. Heller (2008)
Hazelwood v. Kuhlmeier (1988)
In re Greene (1930)
In re Gault (1967)
7.
From a U.S. Supreme Court majority opinion:
“If the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. If
one race be inferior to the other socially, the constitution of the United States cannot put them upon the same
plane.”
Which case was this majority decision written for?
a.
b.
c.
d.
8.
From a U.S. Supreme Court majority opinion:
“It can hardly be argued that either students or teachers shed their constitutional right to free speech or
expression at the schoolhouse gate. […] Our problem involves direct, primary First Amendment rights akin to
pure speech.”
Which case was this majority decision written for?
a.
b.
c.
d.
9.
Brown v. Board of Education (1954)
Marbury v. Madison (1803)
Plessy v. Ferguson (1896)
Tinker v. Des Moines (1969)
Tinker v. Des Moines (1969)
District of Columbia v. Heller (2008)
Gideon v. Wainright (1963)
Miranda v. Arizona (1966)
The U.S. Supreme Court decided in the case of District of Columbia v. Heller (2008) that citizens in the District of
Columbia had which of the following rights under the U.S. Constitution?
a.
b.
c.
d.
The right to an attorney, under the 6th Amendment.
The right to be protected against cruel and unusual punishment, under the 8th Amendment.
The right to bear arms for lawful purposes, under the 2nd Amendment.
The right to due process, under the 5th Amendment.
10. From the majority opinion in the Marbury v. Madison (1803) U.S. Supreme Court case:
“It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the
rule to particular cases, must of necessity expound and interpret that rule.”
What constitutional principle did this majority opinion create?
a.
b.
c.
d.
Rule of Law
Judicial Review
Checks and Balances
Natural Law
11. Which U.S. Supreme Court decision ended a vote recount in Florida, and caused some people to question whether or
not the court overstepped its authority in deciding the case?
a.
b.
c.
d.
Reno v. ACLU (1997)
Mapp v. Ohio (1961)
U.S. v. Nixon (1974)
Bush v. Gore (2000)
Civics EOC Exam Tutorials: Courts
Questions Sheet
(These are sample questions based on Civics EOC Item Specifications; not the actual exam questions.)
Beneath each question, explain why you think that your answer is the correct one.
1. The trial process is listed below.
Step 1.
Opening
Statements
Step 2.
Presentation
of Evidence
Step 3.
Closing
Statements
Step 4.
Jury
Deliberation
Step 5.
?
Which option completes the trial process?
a.
b.
c.
d.
cross examination
jury instructions
investigation
verdict
2. What power is held by the Florida Supreme Court and the U.S. Supreme Court?
a.
b.
c.
d.
Both courts may issue writs of habeas corpus
Both courts may issue writs of mandamus
Neither court hears equal protection cases
Neither court hears death penalty cases
3. The passage below describes a dispute between two neighbors.
Liz’s 16-year-old daughter backed into Doug’s car while it was parked in front of his house. Doug sued Liz for
$1500 to cover the cost of repairing the car.
Which court heard the case?
a.
b.
c.
d.
Circuit Court of Appeals
Florida Supreme Court
appellate court
county court
4. John was arrested for second degree murder, a felony crime. Which Florida court should he be tried in?
a.
b.
c.
d.
Supreme Court
District Court of Appeals
Circuit Trial Court
County Trial Court
5. The passage below describes a U.S. Supreme Court decision.
In 1940, the Texas Democratic Party refused to give an
African-American man a ballot to select candidates to run
for Congress and governor.
In finding this action unconstitutional “…this Court is not
constrained to follow a previous decision which…,
involves the application of a constitutional principle,
rather than an interpretation of the Constitution to
evolve the principle itself.”
What does this decision illustrate?
a.
b.
c.
d.
The court has the power to accept appeals cases.
The court has the power of judicial review.
The court is a district court.
The court is a trial court.
6. The graph below describes appeals filed by type of appeal in the U.S. Court of Appeals, 1990-2010.
Year
1990
1995
2000
2005
2010
Civil
27116
34203
35780
32818
55992
Criminal
9493
10162
10707
16060
12797
Based on the graph, what conclusion can be drawn about court cases in the U.S.?
a.
b.
c.
d.
More civil cases are being filed without legal representation.
More criminal cases are being filed without legal representation.
More criminal cases are being dropped before trial.
More civil actions are being dropped before trial.
7. Ellen has been a Florida district court of appeals judge for 18 years. Which statement below accurately
describes why she has held this position for 18 years?
a. She was appointed by the governor for life.
b. She was elected by the people of her district.
c. She was appointed by the governor for the first six years, and then retained by the voters for two more six
year terms.
d. She was elected by the people for the first six years, and then retained by order of the governor for two
more six year terms.